Webster v. Windsor et al

Filing 20

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/19/13 RECOMMENDING that this action be dismissed. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARK WEBSTER,

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No. 2:12-cv-2971-KJM-EFB P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

J. WINDSORE, et al.,
Defendants.

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Plaintiff is a former state prisoner proceeding without counsel in an action brought under

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42 U.S.C. § 1983. On October 16, 2013, the postal service returned documents directed to

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plaintiff as “undeliverable, not deliverable as addressed.” A party appearing without counsel

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must keep the court and all parties apprised of his current address. L.R. 183(b). If mail directed

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to a plaintiff is returned by the postal service and plaintiff fails to notify the court and opposing

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parties within 63 days thereafter of her current address, the court may dismiss the action without

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prejudice for failure to prosecute. Id. More than 63 days have passed since the postal service

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returned the mail and plaintiff has not notified the court of his current address.

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Accordingly, it is hereby RECOMMENDED that this action be dismissed. See Fed. R.
Civ. P. 41(b); L.R. 110, 183(b).

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
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after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections

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within the specified time may waive the right to appeal the District Court’s order. Turner v.

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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: December 19, 2013.

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